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Thread: ACT 51 question

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    ACT 51 question

    ACT 51 became law on November 19, 2011. As of that date there is no longer any state statute requiring firearms be encased when in or on a vehicle. Does that mean that whereas there is no state law to defend encasement against concealment, placing a firerm in a "case' does in fact technically conceal it? The firearm is most certainly "hidden from normal view". There is no longer a statute to defend it's encasement. Does that mean that encasing a firearm for transport in a motor vehicle is in and of itself a violation if a person does not have a CCL?


    The lawyer wannabees can have fun with this one.

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    Founder's Club Member Brass Magnet's Avatar
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    Quote Originally Posted by Captain Nemo View Post
    ACT 51 became law on November 19, 2011. As of that date there is no longer any state statute requiring firearms be encased when in or on a vehicle. Does that mean that whereas there is no state law to defend encasement against concealment, placing a firerm in a "case' does in fact technically conceal it? The firearm is most certainly "hidden from normal view". There is no longer a statute to defend it's encasement. Does that mean that encasing a firearm for transport in a motor vehicle is in and of itself a violation if a person does not have a CCL?


    The lawyer wannabees can have fun with this one.
    Sure could be. Check the DNR FAQ. There's a question about wrapping a firearm in a blanket and the DNR says it may be concealed.

    Thanks legislature; for digging us another hole instead of simply passing constitutional carry.

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    Regular Member thieltech's Avatar
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    like it isnt hard enough to understand . cant they just say >> okay u can legal carry a loaded fire arm on or in vehicle and may be on person(s) in vehicle , concealed or not concealed . .................................................. .................................................. .................................................. .................................................. .................................................. ........................................ NOW ENJOY UR RIGHTS AS AN AMERICAN ......................................................... ..................
    Last edited by thieltech; 11-24-2011 at 07:04 PM.

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    Regular Member davegran's Avatar
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    Quote Originally Posted by thieltech View Post
    like it isnt hard enough to understand . cant they just say >> okay u can legal carry a loaded fire arm on or in vehicle and may be on person(s) in vehicle , concealed or not concealed . .................................................. .................................................. .................................................. .................................................. .................................................. ........................................ NOW ENJOY UR RIGHTS AS AN AMERICAN ......................................................... ..................
    When you have lawyers making laws, you can expect complication and twisted language... it's called, "Job Security".
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    Regular Member thieltech's Avatar
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    Quote Originally Posted by davegran View Post
    When you have lawyers making laws, you can expect complication and twisted language... it's called, "Job Security".
    ....................if that aint the truth !

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    Regular Member bigdaddy1's Avatar
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    MKEgal is currently engaged in a legal battle for this exact issue. If you have the means please contribute to the fund for her legal fees and we can see
    See the "sticky" above.
    What part of "shall not be infringed" don't you understand?

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    Regular Member wild boar's Avatar
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    In the rules that the DOJ sent with the LICENSES...

    ...the rules under businesses states the prohibition does not extend to parking area, and the notice may be verbal or via a sign posted. Two questions, if not posted can they make you leave,as in banning you from returning, or just your firearm, and two, is the verbal notice only good until they post a lawful sigh. boar out.
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    Campaign Veteran rcawdor57's Avatar
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    Lightbulb Safer To Encase It Than Not When Traveling In Or Through A "GFSZ"....

    Quote Originally Posted by Captain Nemo View Post
    ACT 51 became law on November 19, 2011. As of that date there is no longer any state statute requiring firearms be encased when in or on a vehicle. Does that mean that whereas there is no state law to defend encasement against concealment, placing a firerm in a "case' does in fact technically conceal it? The firearm is most certainly "hidden from normal view". There is no longer a statute to defend it's encasement. Does that mean that encasing a firearm for transport in a motor vehicle is in and of itself a violation if a person does not have a CCL?


    The lawyer wannabees can have fun with this one.
    There still is a statute that requires firearms to be encased. It just changed "where" it is required. From the DNR website: http://dnr.wi.gov/org/es/enforcement/act51_faq.htm

    Q10: Are there any situations or locations where a person is still required to have their firearm unloaded and enclosed within a case?

    A: Yes. With some exceptions, firearms possessed within 1,000 ft of a school grounds (K-12) must be unloaded and either cased or locked in a firearm rack on a motor vehicle. Also with some exceptions, firearms possessed or being transported in a state park, state fish hatchery and state wildlife refuge must be unloaded and cased. Therefore, visitors to a state park will need to be sure to have their firearms unloaded and cased before entering the park property. In areas of a state parks which are open to hunting, a person may uncase and load their firearm for the purpose of hunting after removing it from their vehicle at the location they will be hunting. Note: under 2011 Act 35, persons with a CCW license can possess a loaded uncased handgun in these areas, but not on the grounds of a school.

    Q10a: Do the changes in the firearms in vehicles laws also apply to me when I am hunting on Fort McCoy military base?

    A: No. The 2011 Wis. Act 51 law changes do not change the restrictions on firearms being placed, possessed or transported in vehicles on Fort McCoy. All weapons must continue to be unloaded and cased when in or on a vehicle at Fort McCoy. Concealed weapons otherwise authorized under 2011 Wis. Act 35 are also strictly prohibited on Fort McCoy.

    Also keep in mind that ACT 51 is really for long arms, bows and crossbows. ACT 35 took care of the encasing requirement for hand guns.

    Last but probably the most important thing to keep in mind is that the Wisconsin concealed weapons license applies to handguns, billy clubs, electric weapons and knives. It does NOT apply to anything else such as long arms. So...if you have an uncased long arm and enter into a GFSZ you could face multiple felony charges even if you have a Wisconsin Concealed Carry License.
    “The Constitution shall never be construed... to prevent the People of the United States who are peaceable citizens from keeping their own arms.” -- Samuel Adams

    “Today, we need a nation of Minutemen. Citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.”

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